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Full text of "gov.uscourts.dcd.117461"

Case 1 :05-cv-02048-RBW Document 41 -5 Filed 02/1 5/2007 Page 1 of 5 



Exhibit D 



Case 1 :05-cv-02048-RBW Document 41-5 Filed 02/15/2007 Page 2 of 5 



Notice of Allowability 



Application No. 

11/165,280 



Examiner 

Afsar M. Qureshi 



Applicant{s) 

SCHINDLERETAL 



Art Unit 
2616 



-- The MAILING DATE of this commun/cafion appears on the cover sheet with the correspondence address- 
Mi claims being allowable. PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included 
herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS 
NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiativt 
of the Office or upon petition by the applicant. See 37 CFR 1 .313 and MPEP 1308. 

1 . El This communication is responsive to te/ephon/c /nfef view. dtd. 10/3/2006. 

2. la The allowed claim(s) is/are 1-104.129-136 (r eriumbered as 1-112). 

3. S Acknowledgment is made of a claim for foreign priority under 35 U.S.G. ยง 1 19(a)-(d) or (f), 

a) S All b) D Some* c) D None of the: 

1. D Certified copies of the priority documents have been received. 

2. S Certified copies of the priority documents have been received in Application No. . 

3. D Copies of the certified copies of the priority documents have been received in this national stage application from the 

International Bureau (PCT Rule 17.2(a)). 

* Certified copies not received: . 

Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements 
noted below. Failure to timely comply will result in ABANDONMENT of this application. 
THIS THREE-MONTH PERIOD IS NOT EXTENDABLE. 

4 D A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF 
INFORMAL PATENT APPLICATION (PTO-1 52) which gives reason(s) why the oath or declaration is deficient 

5. D CORRECTED DRAWINGS ( as "replacement sheets") must be submitted. 

(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached 

1) D hereto or 2) D to Paper NoJMail Date . 

(b) D including changes required by the attached Examiner's Amendment / Comment or in the Office action of 

Paper No./Mail Date . 

Identifying Indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings In the front (not the back) of 
each sheet. Replacement sheet(s) should be labeled as such In the header according to 37 CFR 1.121(d). 
6 n DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the 
attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL. 



Attachment|s) 

1 . El Notice of References Cited (PTO-892) 

2. D Notice of Draftperson's Patent Drawing Review (PTO-948) 

3. H Information Disclosure Statements (PTO/SB/08). 

Paper No./Mail Date 8/2/2006 

4. D Examiner's Comment Regarding Requirement for Deposit 

of Biological Material 



5. D Notice of Informal Patent Application 

6. S Interview Summary (PTO-413), 

Paper No7Mail Date . 

7. Examiner's Amendment/Comment 

8. S Examiner's Statement of Reasons for Allowance 

9. D Other . 



AFSAR QURESHT 
PRIMARY EXAMI 



Notice of Allowability 



er NoTMail Date 20051003 

Exhibit D 



Case 1 :05-cv-02048-RBW Document 41 -5 Filed 02/1 5/2007 Page 3 of 5 

Application/Control Number: 1 1/1 65,280 Page 2 

Art Unit: 2616 

EXAMINER'S AMENDMENT 



An examiner's amendment to the record appears below. Should the changes 
and/or additions be unacceptable to applicant, an amendment may be filed as provided 
by 37 CFR 1 .312. To ensure consideration of such an amendment, it MUST be 
submitted no later than the payment of the issue fee. 

1 . Authorization for this examiner's amendment was given in a telephone 
interview with V. Deiuca on 10/3/2006. 

The application has been amended as follows: 

IN THE CLAIMS: 

2. Claims 1 05-1 1 7 are cancelled as requested by the Applicant. (Other 
cancelled claims 118-128). 



Allowable Subject Matter 

3. Claims 1-104 and 129-136 are allowed over prior art of record. 

The following is an examiner's statement of reasons for allowance: 

The closest prior art. White et al. (US 6,069,890) and Farris et al. (US 6,574,216) 

fail to disclose, taken alone or in combination, " a change over from packet switching. 

used for trace routing, to line switching when the digitized speech is sent over an 



Case 1 :05-cv-02048-RBW Document 41 -5 Filed 02/1 5/2007 Page 4 of 5 

Application/Control Number: 11/1 65,280 Page 3 

Art Unit: 2616 

Internet connection, also, a control signal that is produced by a network ma nagement 

system instead of originating from the user of an end terminal, and a control device that 

directs the data packets from the multiple origin end terminals to either the packet 

switching device or to the line switching device ", as in claims, 1 , 2, 34, 35, 36, 68, 77, 

84, 92 100 and 129 of the instant application. 

Any comments considered necessary by applicant must be submitted no later 

than the payment of the issue fee and, to avoid processing delays, should preferably 

accompany the issue fee. Such submissions should be clearly labeled "Comments on 

Statement of Reasons for Allowance." 

4. Any inquiry concerning this communication or earlier communications from 
the examiner should be directed to Afsar M. Qureshi whose telephone number is (571 ) 
272 31 78. If attempts to reach the examiner by telephone are unsuccessful, the 
examiner's supervisor, Ahmad Matar can be reached on (571) 272 7488. The fax 
phone number for the organization where this application or proceeding is assigned is 
571-273-8300. Information regarding the status of an application may be obtained from 
the Patent Application Information Retrieval (PAIR) system. Status information for 
published applications may be obtained from either Private PAIR or Public PAIR. 
Status information for unpublished applications is available through Private PAIR only. 
For more information about the PAIR system, see http://pair-direct.uspto.gov. Should 
you have questions on access to the Private PAIR system, contact the Electronic 
Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a 



Case 1 :05-cv-02048-RBW Document 41 -5 Filed 02/15/2007 Page 5 of 5 

Application/Control Number: 1 1/1 65,280 Page 4 

Art Unit: 2616 

USPTO Customer Service Representative or access to the automated information 
system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. 

M 

10/3/2006 PRIMAWEXAMINER